_ America” Plaadé. TRANSPORTATION
Transportation Builders ma/ «es -I
j I ‘ ” . Association Terr" --
September 8, 2014
On behalf of the more than 6,000 members of the American Road and Transportation
Builders Association ARTBA I ur e on to su ort H. R. 5078 the “Waters of the United
States Regulatogy Overreach Protection Act, ” sponsored by Representative Steve Southerland
(R—Fla). This legislation would prohibit the promulgation of a proposed rule draﬁed by the U. S.
Enviromnental Protection Agency (EPA) to dramatically increase federal jurisdiction under the
Clean Water Act (CWA).
ARTBA is particularly concerned with the treatment of roadside ditches under the proposed rule.
Current federal regulations say nothing about ditches, but the guidance expands EPA jurisdiction
to the point where virtually any ditch with standing water could be covered. There is no
environmental advantage to be gained from regulating roadside ditches not connected to
tributaries or other waterways. Further, roadside ditches are nog, and should not be
regulated as, traditional iurisdictional wetlands since they are an essential part of any
transportation improvement project and contribute to the public health and safeg of the
nation by dispersing water from roadways. Requiring a permit for every ditch, regardless of
ecological value, would lead to lengthy delays and signiﬁcantly increased costs for future
transportation improvements and yield no ecological value in return.
In addition, the proposed rule creates a completely new concept of allowing for “aggregation” of
the contributions of all similar waters “within an entire watershed. ” This concept results in a
blanket jurisdictional determination—meaning the EPA could regulate the complete watershed.
Such a broadenin of 'urisdiction would literall leave no trans ortation ro'ect untouched
regardless of its location, as there is no area in the United States not linked to at least one
watershed. While there are certainly instances where a permit is appropriate for the impacts of
transportation construction, these situations should be evaluated on a case-by-case basis where
speciﬁc environmental beneﬁts can be evaluated.
To prevent EPA’s unprecedented attempt to expand CWA jurisdiction ARTBA urges you to
su ort H. R. 5078 the “Waters of the United States Re Iato Overreach Protection
T. Peter Ruane
President & CEO
ErnarIss, iyi| n,n, rI“anI; ‘nn THE ARTBA BUILDING, 1219 28TH ST. . N. W., WASHINGTON, D. C. 20007
Phone: (202) 289-4434 - Fax: (202) 289-4435 0 Internet: www. artba. org